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Thursday, November 14 2024
Know Your Basic Rights with ICE

Know Your Basics Rights with ICE:

You have the right to remain silent. You do NOT have to speak to ICE or answer questions. You should state clearly that you have the right to remain silent, and are choosing to do so.

If you are approached by an ICE officer, you can ask if you can leave, and if they say no you can say to them that you choose to remain silent.

You do NOT have to show an ICE officer identity documents that say you are from another country. (Do NOT show false documents or lie to an officer).

If you are detained by an ICE officer, you can say that you want to speak to a lawyer. One will not be provided to you, but if you do not have an attorney you can ask for a free attorney list to call. You also have the right to ask to contact your Embassy who can provide information about free attorneys. State as clearly as possible, “I want a lawyer.”

If an ICE officer comes to your home you do NOT have to open the door unless they have a proper warrant signed by a Judge. If they claim they have a warrant you can ask them to slide it under the door or put it up to the glass for you to review. If it is an immigration warrant, titled “Warrant of Removal/Deportation,” it does NOT give the officer the right to enter your home (you can ask them to leave).

A search or arrest warrant does give an officer legal permission to enter your home, however, it still has to meet certain requirements to be valid. It MUST be signed by a Judge and have your CORRECT name on it.

The warrant may be signed by someone who is not a judge. Their title will be listed near the signature, and it MUST say Judge. If the warrant lists someone who does not live at the home you can tell that to ICE and you do NOT need to open the door. If there are others living in your home, even children, make sure they understand this.

If you are detained by ICE, you do NOT have to sign any documents they present to you. You can ask for a lawyer before signing any documents.

Posted by: Christopher M. Pogue, Esq AT 06:55 am   |  Permalink   |  Email
The Pogue Law Firm LLC
Of Counsel with the Fleischer Law Firm LLC
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